(a)intentionally observes another person (B) doing a private act without B’s consent; and
Section history
Section 377BB — Voyeurism
As in force on 31 December 2021.
Timeline 3 versions
- 1 January 2020 Act 15 of 2019
- 31 December 2021 You are here
- 1 March 2022 Act 23 of 2021
- 17 August 2026 Latest
(1)Any person (A) shall be guilty of an offence who —
(b)knows or has reason to believe that B does not consent to being observed.
(2)Any person (A) shall be guilty of an offence who —
(a)operates equipment with the intention of enabling A or another person to observe a third person (B) doing a private act without B’s consent; and
(b)knows or has reason to believe that B (whether B’s private act was recorded or not) does not consent to A operating equipment with that intention.
(3)Any person (A) shall be guilty of an offence who —
(a)intentionally or knowingly records another person (B) doing a private act without B’s consent; and
(b)knows or has reason to believe that B does not consent to A recording the act.
(4)Any person (A) shall be guilty of an offence who —
(a)operates equipment without another person’s (B) consent with the intention of enabling A or another person (C) to observe B’s genitals, breasts if B is female, or buttocks (whether exposed or covered) in circumstances where the genitals, breasts, buttocks or underwear would not otherwise be visible; and
(b)knows or has reason to believe that B (whether B’s image was recorded or not) does not consent to A operating the equipment with that intention.
(5)Any person (A) shall be guilty of an offence who —
(a)intentionally or knowingly records without another person’s (B) consent an image of B’s genitals, breasts if B is female, or buttocks (whether exposed or covered), in circumstances where the genitals, breasts, buttocks or underwear would not otherwise be visible; and
(b)knows or has reason to believe that B does not consent to A recording the image.
(6)Any person (A) who installs equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling A or another person to commit an offence under subsection (1), (2), (3), (4) or (5) shall be guilty of an offence.
(7)Subject to subsection (8), a person who is guilty of an offence under this section shall on conviction be punished with imprisonment for a term which may extend to 2 years, or with fine, or with caning, or with any combination of such punishments.
(8)A person who commits an offence under this section against a person who is below 14 years of age shall on conviction be punished with imprisonment for a term which may extend to 2 years and shall also be liable to fine or to caning.
(9)In any proceedings for an offence under this section, where a person (A) has made a recording of another person (B) doing a private act or of B’s genitals, breasts if B is female, or buttocks (whether exposed or covered), in circumstances where the genitals, breasts or buttocks would not otherwise be visible, it is presumed until the contrary is proved that B did not consent to A making the recording.